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Three Avenues of Recovery
A Single Accident - The Same Accident:
You’re driving down the road when a car runs a stop
sign and hits your vehicle. The good news is you’re alive.
However, you suffered various injuries and will not be able to
resume your life until you heal. As you should, you focus on
getting better but wonder what you can do to be compensated
for your damages (such as your related medical bills, lost
income and pain and suffering, among other things). Who is
responsible?
Most people are aware that a driver who is “at fault”
for causing the accident is responsible under the law for your
damages; this is the first case. What this typically means is
that the “at fault” driver’s insurance company will pay for your
various damages up to the maximum of the “at fault” driver’s
insurance policy limits. The minimum insurance policy in Illinois
is $25,000.00, but most people have a higher limit. The
policy limit is the most that the insurance company has to pay
for an accident. If the “at fault” driver only had the minimum
limits and your damages are greater than $25,000.00, then to
be adequately compensated you will have to pursue additional
compensation from the “at fault” driver personally. The reality
is that if the “at fault” driver is not well-off financially, such as
Bill Gates, you may not be able to recover additional damages.
Fortunately, your own auto insurance policy may
provide another way for you to recover compensation for
your damages. This second type of recovery applies if your
own auto policy has what’s known as Under Insured Motorist
(UIM) coverage. Many auto policies have UIM coverage
and will pay additional compensation to you when your
damages exceed the “at fault” driver’s policy limits and your
UIM limits are greater than the “at fault” driver’s policy limits.
For example, you may have had UIM limits of $100,000.00
and your damages may be valued at $130,000.00; if so, then
you would be entitled to recover additional monies up to your
UIM policy limits. The total amount of your recovery for the
first and second recovery is normally your UIM limits; in our
example, you will recover $25,000.00 from the “at fault” driver
and your insurance company would pay out $75,000.00 as the
insurance company usually gets a credit for what the other
insurance company paid.
There is a third possible avenue of recovery for your
damages due to this accident. If you were working for your
employer at the time of the accident, then worker’s compensation
provides various benefits that you may be entitled to. For
example, if you were off work due to the injuries you suffered
in the auto accident and it happened while you were working,
then you can make a work comp claim. The work comp language
used is different but it generally covers compensation
for a percentage of your lost wages while you are off work,
payment of medical bills, a benefit kind of like “pain and suffering”
and other possible benefits as well.
Depending on the situation and circumstances surrounding
your case, you may be best served in pursuing only
one avenue of recovery and other times you may want to pursue
more than one. The best course of action and the legal
questions raised vary but one thing is for sure - you need a
lawyer who will look at all the relevant factors to help you
decide what recoveries you are possibly entitled to pursue and
what course of recovery is in your best interest.
Kenneth Mahaffey is a partner at Mahaffey &
Lee in Morrison, Illinois. His practice areas include
personal injury and worker’s compensation,
farm and business consulting, probate, estate planning
and real estate. He holds a Juris Doctor from
from Brandeis School of Law at the University of
Louisville. He can be reached at:
ken@mahaffeyleelaw.com and the law office
number of 815-400-9496.
MAHAFFEY & LEE